Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-01-11

road company between points upon its own
road are clearly rates ui'on one line, or, In
the terms of The bin, "the same line" A
railroad company eau make and control the
rates upon its own road, and the sec.
ton says that IN making such rates
the short haul principle shall he OBJ
served. A railroad company cannot con.
troll the rates over the road Of another
company, but when two or more compl-
mics unite in making joint rates over their
respective roads tteV become, in the eye Of
this bill, one line. and this section says the
short. haul principle must be observed IN
msking rates over that line, the two or
more roads composing II being, within the
meaning % the section, the same line 40
far as such join. rates are concerned. The
word "failroad' l. used throughout the
bill, and the word "iine" Is used Ouly I'm
this section The courts will be bound 70
assume that the word cline" means some
thing different from toe word railroad"
or il would not have been used in this one
instance when the word " railroad " would
naturally have BEEN used II something differ
enthad not been intended. The word "line y
M rms railroad or combination OF rail-
roads-it means route Section OF the
requires The carnage OF freights to be
treated az one continuous carriage from the
place OF shipment to the place OF de>tina
lion, and this could not be done in case Of
shipments over connecting roads IL the
word nsed in ibis section was "riiirOad :"
instead Of "line." Joint through rates
which are made by Two or more Tairo id
companies between points upon their re-
specliye roads are made over an entirely
different and distinct line from that over
which any one OF the companies individual.
" makes rates, and they are also made un.
Ger different circumstances and conditions
from those which govern and determine the
rates made Oyera single railroad. The two
transactions are separate and distinct,
neither being necessarily governed by the
other. Furthermore, the making OF Joint
through rates l. specifically recognized
by The bill in the section requiring pub
liclty OF the rates, aud nowhere In the bill
can anything be found IN relation TO the
division Of Joint tate by connecting roads.
am satisfied. therefore, that only the con.
siTuctiOn that is warranted by the language
OF the section is the one / have gwen il, and
that instead OF requiring the rates 10 be
measured by percentage OF through rate,
which road accepts, or Of requiring through
rates over connecting roads TO be an aggre-
cation Of local rates over each road, as some
have claimed, the section as Ii stands simply
requires that each railroad company shall
observe abe short-haul principle as to its
own rates, and that the same principle shall
also be observed by the combination OF rail.
roads Is to joint through rate between the
points upon their roads agreed upon by such
combination.
In reply to the inquiry from Mr.. IIoar,
Mr.. CullOm stated that there was no CUES.
ton but that every member OF the confer.
ence committees OF both houses was TN
qualifcdly OF the opinion that the All sec
ION was not TO be construed as pro rata per
ton per distance in law, but as a prohibi.
ton to the charge in the aggregate the
larger amount for shorter than longer dis
lance. One Of the elements in objection TO
the btll was the misinterDretatiOn OF the 4th
section. There seemed 10 be determine.
ton on the part OF those who wanted no
legislation to show that this section was
a prO.rdtd- per-milc section. He undertook
10 say that no member OF the conference
committee ever dreamed that the language
Of the ith section could be so construed.
Mr.. George asked whether MIR. Culom
meant that the 4th section was not 10 apply
where the circumstances and conditions
were not exactly simllar-for instance,
where Ope point was competitive and the
other was not?
MIR. Cullom said he meant this There
was a railroad line between Washington
and New York. IL had its schedule Of
rates. Under this bill, and so far as it re-
ferred 10 the operation Of it, own road mot
in connection with other lines), that road
would not be at liberty to charge more for
a shorter distance between its termlni (un-
der like circumstances and cOnditiOns) than
il charged for the full distance.
Mr.. George said he had understood that
the Senator made distinction between
competitive and non. competitive points, rs
affecting the question OF like circumstances
and conditions.
Mr.. Cullom said that he did so.
MIR. George said that If he believed that
that was the meaning which the courts
would attach to ii, he would vote against
the bill because, with that construction, the
provisions Of the bill IN regard to long and
short haul would amount ia nothing.
Mr.. CullOm remarked that il 1t amounted
to nothing it would not hurt anybody.
Mr.. George remarked that he did not
want to hurt anybody, but he wanted to
save somebody by substantial provision.
Mr.. Culom: So do |, and do not want
to humbug anybody either. These words,
"under like circumstances and condi-
tions," were placed in the original Dill by 4
unanimous vote OF the Senate.
Mr.. George: dol not object TO the words,
but object to the Interpretation which the
Senator from Illinois puts upon them. lido
not believe that that is the true and leglti-
mate Interpretation, and | protest against
this bill going through the Senate with an
authoritative exposition or Interpretation
Of the meaning OF these words, such as is
given by the Senator from Illinois.
Mr.. Cullom: The Senator from Mis-
sissippi has the right to put any cOnstruc-
tion he chooses on the words. They were
put into the original bill 10y the Senate be.
cause the section, without them, was too
rigid, and IL was feared that it would inter-
fere with the general commerce Of the
country. They were put there to mean
something, and they do mean something.
Mr.. George: hope they do not mean
what you say they mean.
Mr.. CullOm: They mean just what they
say. The railroad companies shall not
charge more for shorter distance on the
same line in the same direction under SUBJ
Stantially similar circumstances and condi-
tons than for longer distance, and these
and conditions may be Oii you
please that one is competitive pOin! and
that the other is not, or that at one place
there is a very large amount OF business
done, and at the other place perhaps not
more than a carload per month.
Mr.. George: That construction OF II does
away with the beneficial part OF the bill.
Mr.. Harris also explained and defended
tie 4th section Of the bin upon the same
line as that followed by Mr.. Culom. Mr..
stanford followed in a long argument
against the bill, which, he said, would work
against the railroads and in
iayor OF waterways.
AT O'Clock the Senate went into secret
session, and when the doors were re0pened
adjourned.
House OF Representatives.
Mr.. Dibble, OF South Carolina, presented
the o9th OF Office taken and subs cribed to
~ Mr.. ID. Wyatt Aiken as a representative
N Congress from the Third congressional
district OF South Carolina, and offered a
resolution reciting that Mr.. Aiken, by rea-
on Of sickness, has been unable to appear
personally in the House and take the oath
II office, and declaring that the oath now
,ath Of Office of Mr.. Aiken. (rhe oath Is
IDENTICAL IN form and words with that ad- |
ninistered by the Speaker)
MIR. Dibble stated that though Mr. Aiken |
lad not been able to appear personally in |
he House, he had attended to all his duties |
" means Of correspondence.